should take the initiative to go to the gendarmeries and commissariats to ensure
the observance of the law on pre-trial detention. Prior consideration was also
to be given to the trial of prisoners who had been on remand for the longest
period; and an improvement has been noted in this area. With regard to health,
the basic problem is lack of adequate resources. However, the particular case
of the prisoner with a badly infected wound was receiving serious attention on
the part of the authorities.
Cotonou Central Police Station, Deputy Commissioner and Chief
of the Judiciary Police
mwo of the many structures within the Commissariat Central deal with the
1 Judiciary Police and Administrative Matters, and are connected with the
detention of suspects.
The Deputy Commissioner admitted that very often the 48 hours limit for
detention was not respected. In many other cases the period is extended at the
request of the prosecutor. However, extensions by the prosecutor rarely exceed
72 hours.
Concerning when and under what conditions detainees were kept in handcuffs
or leg irons, it was stated as follows. Policemen always have handcuffs with them
and use them when they arrest suspects. These are, however, taken off when the
suspects are placed in custody. The exception is in the case of dangerous
detainees or criminals who are likely to escape; even in cells they are kept in legirons.
It was in response to questions from the SR that the Deputy Commissioner
provided the above information.
The Signing of an Agreement between the International Criminal
Tribunal for Rwanda and the Government of Benin
rrhe SR was invited to be "Africa's witness", as the Minister of Justice M.
1 Joseph H. Gnonlonfoun put it, at a ceremony for concluding an agreement
between the government of Benin, represented by its Minister of Foreign Affairs
M. Antonie Kolawole Idji and the Tribunal, represented by its Registrar Mr.
Agwu Okali for the custody of convicts of the Tribunal.
Present at the ceremony was also the Minister of Justice.
24
Detention Centre at Central Police Station, Cotonou (M. Augustin
Bonou, Commissioner)
Detainees were kept in three cells, two for men and one for women.
Cell 1
There were 8 suspects in this cell which was very dark, but work was in progress
to provide more ventilation and light. Two of the inmates had been handcuffed
together. A third inmate said he had been in custody for 10 days (four days in
gendarmerie cell and six days here) while two others had been in detention for
three days. The inmate who had been with both the gendarmerie and the police
had not been given any food by the police while he was fed by the gendarmes.
A wound on one of the inmates was said to have been inflicted by the police
during his arrest.
Cell 2
Bigger and more spacious than the first one, this cell had 32 inmates. One of them
stated that he had been in custody for 2 months and 2 days. No statement had
been taken from him. He had not been given food by the authorities. He bought
his food and shared that of other inmates sometimes. He was arrested for
wandering in the street. His case was that he had come from Nigeria to visit his
brother and was looking for him, when he was arrested.
Some of the inmates alleged that one of them tried to kill a cellmate. The former
was said to be mentally incapacitated. The officer in-charge of the station was
aware of the insane person. He was waiting for the Embassy of the inmate to
come and collect him.
The clothes of the inmates were taken from them before detention. These had
been dumped in a car which was not protected from rain. The Africans in custody
were aggrieved that two Europeans had been allowed to keep their clothes on.
The explanation of the Officers that the two would soon be released did not
sound convincing enough reason to treat the Africans differently.
A dustbin in the corner cried to be emptied.
To be fair to the officers at the station, an inmate in this cell indicated that the
suspect with a wound had not shown it to the officers.
That the cell was mosquitoes infested; there were no mats in the cell; and the
floor, predictably, was cold, were the last complaints made.
25
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